“A reasonable jury could conclude from [plaintiff’s supervisor’s] explanation, together with the summary judgment evidence that Plaintiff’s’ co-worker, Clark, also did not strictly follow TDCJ’s timesheet policy as written, that [employer’s] timesheet policy recognized a de facto exception for [public information officers]. If the de facto exception was selectively ignored in [plaintiff’s] case, a reasonable
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Showing that white employee was denied raise, even though fully funded by federal grant, by new black sheriff who recently hired two new blacks employees is enough create fact issue regarding intentional discrimination.
Two statements made by non-supervisor, proximate to the termination, are enough to create a genuine issue of material fact regarding direct evidence under Medina test.
Negative comments are still racially based if white coworkers are not subjected to the same type of comments.
In the prima facie analysis of the qualified prong, Defendant can use only objective requirements. “Pertinent experience” is not an objective requirement.
Non-race based harassment can be combined with race based harassment when analyzing if the harassment was severe or pervasive.
Pregnancy discrimination can occur when the employee is terminated three months after the birth as long as there is some relation to the termination and pregnancy.
Pretext is established when the selection vote is divided on racial lines.
When establishing that a Plaintiff is “regarded as” disabled, a heart condition resulting in by-pass surgery is not “minor.”
Pretext is established when costs are cited as a reason for termination, but employer hires other employer to do employees job duties.
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